Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1887-04-29

An Important Decision.
On Monday Of this week the opinion of
the supreme court in the case known'as the
Ryegate conspiracy was filed in the Office of
the clerk of courts at St. Johnsbury. The
case grew out of the attempt of striking |
workmen to prevent the employment Of |
other workmen in the Ryegate Granite |
works. The strikers combined to drive |
men away and deter them from working by |
representing to them that the shops of the |
Ryegate company were 'scab" shops, and |
that the employees therein were "scabs' who |
would be stunned by reputable workmen,
and their names printed in the "scab list"
Of the Granite Cutters Journal The opin-
ion of the court was written by Judge
Powers, who enters into learned, out
spoken and convincing discussion of the
whole subject at issue To bring the case
before the court for decision the respond
ents, who were the leaders of the striking
workmen, were indicted for conspiracy
Judge Powers, in opening his opinion, says
lit is clear to demonstration that "a com
bination of the character set forth in the
Indictment was a conspiracy at the CON
mon law, and, lie adds, the common law
of England is applicable to our local situa-
ton and circumstances in this behalf, and
| is, therefore, the common law of Vermont"
From these premises Judge Powers pro
ceeds to say that
| In England and here, it is lawful, and, it
may be added, commendable for any body
of men to associate themselves together for
| the purpose of lettering their condition in
any respect, financial or social. The very
| genius of free institutions invites them to
| higher levels and better fortunes. They
may dictate their own wages, fraternize
with their own associates, choose their own
employers, and serve man and Mammon
according to the dictates of their own con
sciences, But, while the law accords this
liberty to one. it accords a like liberty to
every other one, and each is bound to 50
use and enjoy his own liberties and privi-
leges as not to interfere with those of his
neighbor.
All the legislation in England and Amer
lea has been progressively in the direction
of according to laborers the enjoyments of
equal rights with others. The early Eng
fish statutes beginning with the middle of
the fourteenth century, are to be read in
the light of the civilization of that day, and
their provisions-to us of the nineteenth
century, harsh, illiberal and tyrannical-
were but the reflex of the prevalent no
tions of class distinctions that shaped and
guided the social and political polity of
those days From time to time, however,
down to 1873, this legislation has been lib
erulized and christianized, and to-day in
England US here, workmen stand upon the
same broad level of equality before the law
with all other vOcations, professions, or
callings whatsoever, respecting the dispo-
sition of their labor and the advancement
of their associated interests.
There, as here, it is unlawful for employ
ers wrongfuly to coerce, ntimidate, or
hinder the free choice of workmen in the
disposal of their time and talents. There,
, AS here, it is unlawful for workmen wrong
, fully to coerce, ntimidate, or hinder EN-
ployers in the selection of such workmen as
they choose to employ. There, as here, nc
employer can say to a workman that he
j must not work for another employer, non
can a workman say to AN employer that ht
t cannot employ the service of another work
= man.
y BY the law of the land these respondents
/, have the most unqualified right to work foI
o whom they please, and at such prices a!
: they please. BY the law of the lane
r ORourke and Goodfellow respondents il
Il the case have the same right By til,
Pc same law the Ryegate Granite company La
, the right To employ the respondents o
O'Rourke ON such terms as may be mutually
/ agreed upon, without let, hindrance, or die
= tation, from any man or body of men what
T. ever.
=, Suppose the members of a Bar associa
~ ton in Caledonia county should combine
I anI lAplarn that fh.a Tas1.nuHautG ehnul
10 employ 20 attorney not a member of sue
n association to assist Sthem in their defenc
in this case, under the penalty of bein
dubbed 'scab, and having his name par
le AIDED in the public press as unworthy q
& recognition among his brethren, and him
-. self brought into hatred, envy and cor
= tempt would the respondents look upo
II this as an innocent intermeddling with thei
~ rights under the law The proposition ha
n only to he stated to disclose its utter incoI
Il, sistency with every principle of justice tina
~ permeates the law under which we live.
% If such consphacies are to be tolerate
~ as innocent, then every farmer in Vernon
C. now resting in the confidence that he MA
It. employ such assistance in carrying ON hi
in farm as he thinks he can afford to hire,
al exposed to the operation Of some seer,
:, code of law, in the framing of which
', had no voice and upon the terms of whic
nc he has no veto, and every manufacturer
ed handicapped by system that portenC
he certain destruction to his industry If ou
a. agricultural and manufacturing industri,
N are sleeping upon the fires of a volcano
~ able to eruption at any moment, it is hig
CT time our people knew it,
mt But happily, such is not the law, an
or among English speaking people never hi
Mt been the law. The reports, English an
American full Of tluetna Of ~
~ doctrine that a combination of two or mon
IN persons to effect an illegal purpose, eitht
It's by legal or illegal means, whether sue
purpose be illegal at common law or
statute OF to effect a legal purpose by ILL
of gal means, whether such means be illeg
ge at common law or by statute, is a comno
- law conspiracy. Such combinations al
y" equally illegal whether they promote OIL
10 jects or adopt means that are per Sc indict,
"a bic, or promote objects or adopt means thu
ng are per Sc oppressive, immoral or wrongful
q. ly prejudical TO the rights of Others
as they seek to restrain trade or tend TO Il
=, destruction of the material prosperity
"o the country, they work injury To the who
'n public.
ch These propositions are the clear dedu
he ton of the cases cited in argument, an
If breathe spirit of equality and justice tn
49,, mast commend itself TO every intelligel
~. mind
iu Here follows a careful and learned Qu
u" tatiou and discussion of authorities and d
g" cisions to sustain the principles thus la
% down, and the opinion then proceeds
VI The principle upon which the cases, En-
&c lish and American, proceed, is that even
&c man has the right 70 employ his talents, i
he dustry and capital as he pleases, free fro
,s the dictation of others and if two or mo
n, persons combine to coerce his choice in til
y? behalf it is a criminal conspiracy. The
Vi Dor and skill Of the workman, he it of hil
is or low degree, the plant of the manufa